General Terms and Conditions

1. Scope of application and contractual partners

The following GTC apply to all orders placed with Constri AG («we» / «us»; see details in section 12) as the contractual partner of customers resident in Switzerland and the Principality of Liechtenstein. Delivery is made exclusively to delivery addresses in Switzerland and the Principality of Liechtenstein.
A customer is any legal or natural person who concludes a contract for a purpose that is intended for their business (business customer) or private (private customer) needs.
The GTC govern the details of the contractual relationship and also contain important consumer information. you can call up the GTC via links in our web stores when ordering, save them on your computer and/or print them out. Your order will be saved by us.
Other contractual terms and conditions, in particular those which the customer declares to be applicable together with the order, shall only be valid if and insofar as they have been expressly accepted by us in writing. The written form shall also be deemed to be a form that allows proof by text (in particular e-mail).
We reserve the right to amend these GTC at any time. The version of these GTC that was available on the website at the time the order was placed shall apply.

2. Conclusion of contract

For orders outside of our web stores, the contract is concluded when we send the ordered goods to you or confirm the order to you by email for the purpose of concluding the contract. In any case, you are deemed to have accepted an offer from us if you make use of services or purchase or use products (license).
The following applies to orders in the webshop:
The presentation of the goods in the webshop does not constitute a legally binding offer, but a non-binding online catalog. Deviations and technical changes to our illustrations or descriptions are possible. A binding order is only placed when you have entered all the data required for the execution of the contract, confirmed that you have read these General Terms and Conditions and clicked on the "Buy now" button. Until you click on this button, you can place products in the shopping cart without obligation and change the data you have entered at any time by using the correction aids provided and explained for this purpose in the order process. Sending the order is deemed to be your offer to us to conclude a contract.
After placing your order, you will receive confirmation of receipt of your order by email. This contains the data of your order, which you can save and print out. The confirmation of receipt does not constitute a contract; the confirmation of receipt merely documents that we have received your order.
The contract is concluded when we declare acceptance of the contract. We declare acceptance of the contract by confirming acceptance by e-mail or by delivering the goods to the address you have chosen.
The contract is only concluded for those items that are specified in our confirmation of acceptance or shipping confirmation. This also conclusively determines the scope of services.

3. Prices

All prices are in Swiss francs (CHF) and include the advance recycling fee (ARF) and other price components that are not freely selectable.
a. For ProSpiel and Frezzo, the prices quoted include statutory VAT.
b. For Constri Bau, the prices are exclusive of VAT.
The total amount is shown including VAT. Any packaging and shipping costs are shown separately.
The prices of the webshops at the time of ordering apply (e.g. seasonal items and unforeseen price increases by the supplier). Errors excepted
Services not expressly mentioned, such as assembly, installation, training, etc. will be charged separately.

4. Right of return

You can return delivered goods without giving reasons within 14 days of collecting them from the store or from the date of confirmation of receipt. However, a prerequisite for exercising the right of return is that the goods are returned complete (incl. accessories, labels, original packaging), undamaged and without signs of use (e.g. stains or smells)
Excluded are items made especially for you (personalization, special production), as well as opened books, sound and film carriers, special orders and hygiene articles
The right of return is generally exercised by returning the goods. You bear the risk and costs for the return shipment.
In the case of a partial return, you only pay for the goods you keep in the case of a purchase on account. You will not receive a new invoice.
You always have the option of contacting our customer service center before a return shipment to clarify any questions and provide you with the best possible service.
Please send the goods to:
Constri AG
Feldstrasse 20
5107 Schinznach-Dorf
Please obtain a shipping confirmation from the transport company commissioned with the return shipment and keep it in a safe place.
Returns of products purchased in the webshop or specialist shop are also possible on site at the specialist shop in Schinznach-Dorf with the enclosed returns slip. Please note the corresponding opening hours.
If you make use of your right to return goods, we must refund the purchase price that we have received from you immediately and at the latest within 14 days of receipt of the return. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you
For defective products, the provision in section 8 applies.

5. Custom-made products

Please check the delivery of custom-made products (personalization) particularly carefully.
Custom-made products have a longer delivery time and cannot be returned or exchanged.

6. Terms of payment and retention of title

You owe the purchase price upon conclusion of the purchase contract.
We reserve the right to offer you only certain payment methods for the desired delivery due to our internal credit guidelines. The payment methods available to you will be displayed during the ordering process.
The following conditions apply to payment by invoice:
a.Payable within 30 days net, subject to creditworthiness. If your creditworthiness is not confirmed by an independent institute or by our internal inspection, we will deliver to you against advance payment.
b. After the payment deadline, a first reminder will be sent, which also marks the start of the payment delay. With the 3rd reminder, a reminder fee of CHF 30 will also be charged. The outstanding invoice amount (incl. default interest and reminder fee) can be handed over or sold for the purpose of collection. In addition to paying the invoice amount, the customer is also obliged to reimburse all costs incurred as a result of late payment.
c. In the Frezzo online store, payment is made by invoice via an external service provider and the following conditions apply:
i. The offer is subject to the customer's creditworthiness and the GTC of MF Group AG («Powerpay»; powerpay.ch/en/agb);
ii. In summary, this means that PowerPay accepts the resulting invoice claim and processes the corresponding payment methods. The invoice will be sent to you by email immediately after the order is placed. iii. If the invoice is not paid within the specified payment period, various fees and costs will be charged in accordance with the Powerpay GTC, in particular administration fees of CHF 2.90 per invoice, reminder fees of CHF 18.00 to CHF 38.00, default interest of 14.9%, collection costs of CHF 50.00 and address/payment research costs of CHF 16.00 + third-party costs. we reserve the right to make changes
We reserve the right to report suspected fraud or other criminal conduct to the police
Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), we reserve ownership of the delivered goods in any case. For customers domiciled in Switzerland, we are entitled to make a corresponding entry in the retention of title register. The corresponding security rights are transferable to third parties
You shall only have a right of set-off if your counterclaims have been legally established, are undisputed by us or are ready for a decision. In addition, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship. In particular, the customer's counterclaims shall remain unaffected in the event of defects in the delivery.

7. Shipping and delivery conditions

The following non-binding delivery times apply to deliveries under these GTC
a. Standard deliveries are made by Swiss Post PostPac Priority within 1–3 working days of receipt of your order, provided all items are in stock. Deviating delivery times are indicated in the item description and in the shopping cart. For express deliveries, please contact us by telephone.
c. Bulky items will be delivered by Swiss Post within 3-5 working days of receipt of your order.
d. Möbelartikel have individual delivery times, which are shown for each item in the online store. This information is a non-binding estimate of delivery times. Delivery times may be longer before the start of the new school year and in the run-up to Christmas. Please order early.
e. The delivery of forwarding articles or consignments weighing more than 30 kg is carried out by truck. In the case of delivery by truck, an appointment must be made by telephone to hand over the goods. You will be contacted by us or by the forwarding agent prior to delivery.
On provision of the goods to the transport service provider, our main obligation is fulfilled and the risk of accidental loss or deterioration of the goods is transferred to the buyer.
Despite all due care, deviations from the delivery times and delivery delays cannot be excluded and we can therefore accept no liability for delayed deliveries. The provision in Clause 9 remains reserved.
Subsequent deliveries: Missing items will be delivered free of charge as soon as they are available again.Collection from Constri AG in Schinznach-Dorf: You can also collect ordered goods from us if you order in advance by telephone or if this is indicated in the online store and selected by you. There are no transportation costs for collection. If you do not collect the goods within 14 days of ordering by telephone or, in the case of online orders, after receiving an invitation to collect them, we may cancel your order and withdraw from the contract
Table bombs may not be sent as parcel post, as this product falls under the category "fireworks". These articles are available in our specialist shops or in stationary specialist shops. Larger quantities are available on request and can be sent via PostLogistics.
If we are not supplied by our suppliers through no fault of our own, although we have placed congruent orders with reliable suppliers, we shall be released from our obligation to perform and may withdraw from the contract. In this case, we will inform you immediately of the non-availability and, in the event of withdrawal, reimburse you immediately for any payments already made

8. Complaints

You must report any transport damage to the relevant carrier (Swiss Post, PostLogistics, etc.) immediately. No compensation can be granted without notification of damage and confirmation of costs from the carrier
Other complaints must be made within 8 days of receipt of the goods. After this period, the shipment shall be deemed accepted.
The rectification of defects shall be carried out at our discretion by subsequent fulfillment, i.e. rectification of the defect (repair) or delivery of a defect-free item (replacement delivery). Goods returned by the customer become our property again. If the rectification of defects fails after the second attempt, you are entitled to withdraw from the contract. If no rectification or replacement delivery is possible, it is basically your choice whether you demand a reduction of the purchase price (reduction) or withdrawal from the contract
In addition to the above provisions, the statutory warranty claims in accordance with the Swiss Code of Obligations (OR) apply.

9. Liability

We are not liable for slight negligence. Liability for auxiliary persons is completely excluded.
Furthermore, all cases of breach of contract and their legal consequences as well as all claims by you, irrespective of the legal grounds on which they are made, are conclusively regulated in these GTC. Other claims on your part - irrespective of the legal grounds - are excluded, with the exception of the cases mentioned below. We, auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other pecuniary losses. The exclusion also explicitly applies to damages caused by faulty or improper assembly, installation, adjustment, maintenance or repair of the product by the customer
The above limitation shall not apply insofar as mandatory statutory provisions contradict this, in particular
- in the event of intentional or grossly negligent breach of duty
- in the event of liability under the Product Liability Act

10. Data protection notice

Für the processing of personal data in connection with the use of the websites and your order, please refer to our Privacy Policy, which can be found at this link is available.

11. Applicable law and place of jurisdiction

The exclusive place of jurisdiction for disputes arising from or in connection with these GTC and the contracts concluded between you and us based on them is Brugg.
All legal relationships between you and us in connection with the contracts concluded shall be governed by Swiss substantive law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
Mandatory provisions and court rules remain reserved.

12. Service and information

How to reach us:

Corporate website
www.constri.ch

Brand websites & online stores:
www.prospiel.ch
www.constri-baumaterial.ch
www.tischbombe.ch
www.frezzo.ch

By e-mail: info@constri.ch

By phone: 056 463 60 60

Monday to Friday: 08:00 – 12:00 and 13:00 – 17:00

By post: Constri AG, Feldstrasse 20, 5107 Schinznach-Dorf

Please do not forget your return address